Court Awards Sh891,000 to Kenyan Night Guard Sacked for Sleeping at Work

A Kisumu court has awarded a security guard Sh891,072 in compensation for wrongful dismissal.

Evans Nyamboso was dismissed from JRS Group Security Limited on March 30th, 2016, having worked in the company for 12 years since 2004.

His supervisor Kiptoo Patrick Maru told the court that Nyamboso was fired after he was found sleeping at work on February 21st, 2016. He testified that he visited the guard’s station at 10:00 pm and hooted at the gate, but there was no response.

“I even banged the gate and there was no response. The caretaker at the place went round the compound and found Nyamboso asleep,” Maru said.

In his defense, Nyamboso told Justice Mathews Nduma that he was sick at the time and did not mean to sleep on the job.

“While on (night) duty I fell ill and started experiencing chest problems. I sought permission to see a doctor. On March 30th, 2016 when I reported back I was informed that I had been replaced and should hand over company property immediately,” he said.

The court ruled that the employer abused Nyamboso’s right to leave days, minimum wage, and fair hearing before the dismissal. 

“Nyamboso has worked faithfully at JRS for 12 years. He worked overtime without pay, was underpaid, and was not granted annual leave. He was not paid terminal benefits upon termination yet he did not contribute to the termination,” Judge Nduma ruled.

The judge awarded him Sh0.89 million compensation and ordered JRS to cater for the legal costs he incurred in the petition.